JAINARAIN SHARMA Vs. MAHANTH PANDEY

JUDGEMENT

(1.) THESE three cases have been heard together and are being decided by a common judgment.

(2.) AT the very outset, I would state the relevant facts leading to these applications. On the 22nd Dec. 1975, Jainarain Sharma, petitioner in Original Criminal Miscellaneous No. 17 of 1976 and opposite party No. 1 in the two criminal miscellaneous cases, filed Cr. W. J. C. No. 400 of 1975, under Articles 226 and 227 of the Constitution of India, for the issuance of a writ of mandamus directing the respondents of that case to return certain seized articles and to restore possession of the house situate in village Koshuk, P. S. Biharsharif, in the district of Nalanda. His case was that in a proceeding under Section 144 of the Cri. P. C. between him and one Chandeshwar Prasad Singh, all his movable properties were seized by Mahanth Pandey, the then Officer -in -charge Bihar -sharif P. S. (Petitioner in Criminal Miscellaneous No. 1795 of 1977), on the 6th of Dec. 1974, on the orders of P. K. Sinha, Superintendent of Police, Nalanda (Petitioner in Criminal Miscellaneous No. 1796 of 1977). This, according to him, was done under the direction of B. P. N. Shahi, the then D. I. G. (Transport), Patna, (since dead). Jainarain Sharma further alleged that on the 7th of Dec. 1974, he filed an application before the District Magistrate, Nalanda, who called for a report from the Sub -divisional Officer and the latter submitted a report which was annexure 2 to Cr. W. J.C. No. 400 of 1975. It was stated in that report that the police officers were helping Chandeshwar Pd. Singh who was related to (late) B -P. N. Shahi, D. I. G. of Police. It was also stated .that on 6th of Dec. 1974, Mahanth Pandey, in collusion with P. K. Sinha, dispossessed Jainarain Sharma and seized his properties and that the family members of Jainarain Sharma were seen staying under a tree. When the Sub -divisional Officer asked the Divisional Inspector of Police to maintain status quo, he was told that due to the interference of the Superintendent of Police (P. K. Sinha), he was unable to follow the instructions. A report was stated to have been submitted by the Divisional Inspector of Police on the 9th Dec. 1974, which was annexure 3 to the aforesaid writ application. In that report also it was stated that Mahanth Pandey was harassing Jainarain Sharma and that his properties had been illegally seized and the family members had been driven away from their house. Jainarain Sharma filed an application in the Court of Chief Judicial Magistrate for the release of seized articles on the 21st Dec. 1974. On the 15th of Feb. 1975, the Chief Judicial Magistrate ordered that the goods should be released forthwith but in spite of the said order the goods were not released Jainarain Sharma then filed an application before the Chief Judicial Magistrate for starting a contempt proceeding in which notices were issued. On the 12th of Mar,, 1975, Mahanth Pandey submitted a report to the Chief Judicial Magistrate, Biharsharif, in case No. 34 MPC of 1974. This was made annexure 7 to the writ application. In annexure 7, it was stated that the articles were seized from the residence of Jainarain Sharma by the order of the Superintendent of Police, Nalanda, under directions from the D.I.G. (C.I.D -), B. P. N. Shahi. It was further stated that the articles would be returned after obtaining instructions from the proper authority.

(3.) ON the 18th Nov. 1976, Jainarain Sharma filed Original Criminal Misc. No. 17 of 1976, in which he prayed that a contempt proceeding should be started against Mahanth Pandey, P.K. Sinha and four others for wilful disobedience of the writ issued by this Court. On the 3rd Dec. 1976, notices were issued to Mahanth Pandey, P, K. Sinha and two others to show cause.